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City Council Meeting

Regular Meeting

Sioux Falls, SD · April 20, 2021

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Minutes

MINUTES City Council Meeting Tuesday, April 20, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Alex Jensen, Council Member Rick Kiley, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Erica Varcoe, The Table Ministry 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Alisha Bell CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Selberg and seconded by Council Member Kiley to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, April 13, 2021  City Council Meeting of Tuesday, April 13, 2021 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated April 16, 2021. 8. Report of Requests for Quotes for Fuel dated: April 8, 2021: Unleaded (8,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is Unleaded $2.2243. APPLICATIONS 9. Centennial Homes, 912 N. Scotland Pl., Parcel #86156, for 2020 property taxes in the amount of $720.00. Reason: They are requesting an abatement for an overpayment of $720.00 and the abated amount should be sent back to Centennial Homes. 10. Sioux Falls School District, 526 N. Fairfax Ave., Parcel #29804, for 2020 property taxes in the amount of $86.05. Reason: The property is exempt from the tax. 11. Special One-Day Malt Beverage Licenses and Special One-Day Wine Licenses for Interstate House of Pancakes Inc., to be operated at the Old Courthouse Museum, 200 West 6th Street, for weddings on May 15 and September 3, 2021. 12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for wedding receptions on May 4 and 22, 2021. 13. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at Orpheum Theater Center, 315 North Phillips Avenue, for an awards reception on May 20, 2021. 14. Various Retail Malt Beverage renewals for 2021-2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, May 4, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 23 Casino, 4209 West 12th Street (CUP not required). 16. Set a date of hearing for Tuesday, May 4, 2021. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 23 Casino, 4209 West 12th Street. 17. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for Sioux Falls Area Community Foundation to be operated at First Premier Bank, 500 South Minnesota Avenue, for a fundraiser on May 6, 2021. 18. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Malt Beverage License for Falls Area Single Track to be operated at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on May 22, 2021. 19. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Malt Beverage License for Fernson Brewing Company to be operated at Great Outdoor Store, 201 East 10th Street, for a Gear & Beer event on May 22, 2021. 20. Set a date of hearing for Tuesday, May 4, 2021. Special One Day Malt Beverage License and Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Centre parking lot, 401 East 8th Street, for an East Bank block party on June 4, 2021. 21. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for Red Rock Bar & Grill Inc. to be operated at 4800 North Career Avenue, for Porkapalooza on June 4 & 5, 2021. 22. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for TNT Entertainment to be operated at Albert House Parking Lot, 337 North Phillips Avenue, for a concert on July 16, 2021. REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Neitzert and seconded by Council Member Erickson to approve the Regular Agenda. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to amend by placing Item 51 after Item 36 and to delete the Mayor as sponsor for Item 43, replacing with "Private Applicant: 41Six, LLC (Brady Hyde)". Roll call vote to amend. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 24. New 2021 Retail Wine & Cider License for Da Clique Sports Bar & Grill LLC, 114 North Indiana Avenue, with Conditional Use Permit (13338-2020) being approved on December 2, 2020. 25. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Myrmoe Enterprises Inc., Casino 26, 3301 East 26th Street (CUP not required). 26. Request to add video lottery terminals with the new 2020-21 Retail Malt Beverage/SD Farm Wine License for Myrmoe Enterprises Inc., Casino 26, 3301 East 26th Street. 27. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License from Poke Picks SD LLC, 323 South Phillips Ave, Suite B, to Fancy Bowl LLC, 323 South Phillips Avenue, Suite B (CUP not required). 28. New 2021 Retail Restaurant On-Sale Liquor License for Interstate House of Pancakes Inc., Tre Lounge, 601 West 33rd Street (CUP not required). 29. New 2021 Retail Wine & Cider License for Interstate House of Pancakes Inc., Tre Lounge, 601 West 33rd Street (CUP not required). 30. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Interstate House of Pancakes Inc., Tre Lounge, 601 West 33rd Street (CUP not required). 31. Special One-Day Malt Beverage License and Special One-Day Wine License for the Sioux Falls Area Community Foundation to be operated at First Premier Bank, 500 South Minnesota Avenue, for a fundraiser on May 6, 2021. A motion was made by Council Member Jensen and seconded by Council Member Brekke to withdraw Agenda Item 31. Roll call vote to withdraw. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 32. Special One-Day Malt Beverage License for Friends of the Big Sioux River to be operated at Cherapa Place east parking lot, 300 Cherapa Place, for the 605 Summer Classic on June 19, 2021. 33. Special One-Day Wine License for the Zoological Society to be operated at the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for special events on May 6 and 8, 2021. 34. Special One-Day Liquor Licenses for T Slat Inc., JJ’s Wine, Spirits & Cigars, to be operated at the Sanford Event Barn, 2510 East 54th Street North, for wedding receptions on May 1, 8 and 29, 2021. 35. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits & Cigars to be operated at Open Space, 6212 South Pinnacle Place, for a wedding reception on May 21, 2021. A motion was made by Council Member Kiley and seconded by Council Member Jensen to approve Agenda Items 24 through 30 and 32 through 35. Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (General - Transfers to Sales/Use Tax Fund, $10,650,000; Parks, $6,650,000; Highway and Streets, $4,000,000; Health, $500,000) Sponsor: Mayor A motion was made by Council Member Erickson and seconded by Council Member Jensen to adopt Ordinance No. 40-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Agenda Item 51 was heard at this time. See item for action taken. 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO “A CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF A PORTION OF FALLS PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS AREA COMMUNITY FOUNDATION. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Brekke to adopt Ordinance No. 41-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE PARKS AND RECREATION AQUATICS PROGRAM. (Parks, $250,000) Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Ordinance No. 42-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT FOR USE OF PUBLIC PARKING FACILITIES WITH SIOUX FALLS II FGF, LLC. Sponsor: Mayor A motion was made by Council Member Neitzert and seconded by Council Member Kiley to adopt Ordinance No. 43-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1200-1202 E. 6TH ST. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13884-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Brandon Ness A motion was made by Council Member Selberg and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 40. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5800 E. 26TH ST. FROM THE O OFFICE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 13886-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble A motion was made by Council Member Selberg and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 41. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1308 E. DIKE DR. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 13945-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): RCM Services Inc. – Paul Reynolds A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 42. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 13946-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): 41Six, LLC – Brady Hyde A motion was made by Council Member Selberg and seconded by Council Member Jensen to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 43. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 915, 921, AND 923 N. BLAUVELT AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13964-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Affordable Housing Solutions – Brent Tucker A motion was made by Council Member Selberg and seconded by Council Member Kiley to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 44. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 316 N. WESTERN AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 13983-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Veterans Community Project - Ben Hendershot A motion was made by Council Member Kiley and seconded by Council Member Brekke to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 45. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 617 E. 29TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 14012-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Brook Van Gundy A motion was made by Council Member Neitzert and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 46. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 800 S. EBENEZER AVE. FROM THE C-4 COMMERCIAL— REGIONAL DISTRICT TO THE MH MANUFACTURED RESIDENTIAL HOUSING DISTRICT, NO. 14019-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Marion Community MHP LLC – Graham Belchers A motion was made by Council Member Neitzert and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 47. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. BENSON RD. AND WEST OF N. MARION RD. FROM THE PO-PUD PEDESTRIAN-ORIENTED PUD DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY AND RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICTS, NO. 14007-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): 1) Require one evergreen tree every 40' with a deciduous tree between each evergreen tree along the NW property line that abuts the RD-1, Twin Home/Duplex Residential- Suburban District. Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Cresten Capital Holdings – Erica Mullaly A motion was made by Council Member Selberg and seconded by Council Member Neitzert to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 48. Roll call vote to set a date of 2nd Reading. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Jensen was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A MASTER LICENSE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND NEW CINGULAR WIRELESS PCS, LLC, D/B/A AT&T, FOR THE INSTALLATION AND MAINTENANCE OF POLES AND SMALL CELL EQUIPMENT IN CITY RIGHTS-OF-WAY. Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 49. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 77: PARKING REGULATIONS, SUBCHAPTER: PUBLIC PARKING ADVISORY BOARD. Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Sponsors: Council Members Kiley and Erickson A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 50. Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 51. A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. (Public Works - Highways and Streets; Parks and Recreation). Sponsor: Mayor A motion was made by Council Member Kiley and seconded by Council Member Jensen to adopt Resolution No. 40-21. Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. RESOLUTION NO. 40-21 A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2021–2025 Capital Program shall be amended as follows: Public Works–Highways and Streets Amend Capital Improvements Program Project No. 11006, Arterial Street Improvements, by increasing the amount of funding for construction by $4,000,000 in 2021. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund that will be funded by a transfer from the General Fund Unobligated Fund Balance. Parks and Recreation Amend Capital Improvements Program Project No. 14014, River Greenway Improvements, by increasing the amount of funding by $1,000,000 for continuing design of Phase III for the downtown river greenway in 2021. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund that will be funded by a transfer from the General Fund Unobligated Fund Balance. Amend Capital Improvements Program Project No. 14080, Neighborhood Park Improvements, by increasing the amount of funding by $2,450,000 for design and construction of Hayward Park Improvements in 2021. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund that will be funded by a transfer from the General Fund Unobligated Fund Balance ($2,250,000) and Contributions ($200,000). Amend Capital Improvements Program Project No. 14026, Zoo Master Plan Improvements by increasing the amount of funding by $8,100,000 for design and construction in 2021. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund that will be funded by a transfer from the General Fund Unobligated Fund Balance ($1,400,000) and Contributions ($6,700,000). Amend Capital Improvements Program Project No. 14001, Falls Park Improvements, by increasing the amount of funding by $4,000,000 for design and construction of a skating ribbon and an inclusive playground in 2021. The additional funding will require an increase in appropriations in the Sales/Use Tax Fund that will be funded by a transfer from the General Fund Unobligated Fund Balance ($2,000,000) and Contributions ($2,000,000). Date adopted: 04/20/21 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Emmett Reisdorfer spoke about his pedicab company to be operated downtown. Catharine Riffle spoke about Homeless Coalition funds. Mike Zitterich spoke about ways to manage the 2nd penny sales tax. Sierra Broussard spoke about massage parlors. ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 8:33 p.m. Voice vote to adjourn. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk

Agenda

AGENDA City Council Meeting Tuesday, April 20, 2021 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 This meeting can be viewed live on CityLink or online at www.siouxfalls.org/council/view-meetings CALL TO ORDER 1. MEETING ROLL CALL Council Member Alex Jensen Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Janet Brekke Council Member Christine M. Erickson Mayor Paul TenHaken 2. INVOCATION  Pastor Erica Varcoe, The Table Ministry 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Alisha Bell CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, April 13, 2021  City Council Meeting of Tuesday, April 13, 2021 COMMUNICATIONS 7. Approval of contracts/agreements on the memorandum dated April 16, 2021. 8. Report of Requests for Quotes for Fuel dated: April 8, 2021: Unleaded (8,000 Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon Contract Number 17432, the awarded contractor is Vollan Oil, price paid is Unleaded $2.2243. APPLICATIONS 9. Centennial Homes, 912 N. Scotland Pl., Parcel #86156, for 2020 property taxes in the amount of $720.00. Reason: They are requesting an abatement for an overpayment of $720.00 and the abated amount should be sent back to Centennial Homes. 10. Sioux Falls School District, 526 N. Fairfax Ave., Parcel #29804, for 2020 property taxes in the amount of $86.05. Reason: The property is exempt from the tax. 11. Special One-Day Malt Beverage Licenses and Special One-Day Wine Licenses for Interstate House of Pancakes Inc., to be operated at the Old Courthouse Museum, 200 West 6th Street, for weddings on May 15 and September 3, 2021. 12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for wedding receptions on May 4 and 22, 2021. 13. Special One-Day Liquor License for Washington Pavilion Management Inc., to be operated at Orpheum Theater Center, 315 North Phillips Avenue, for an awards reception on May 20, 2021. 14. Various Retail Malt Beverage renewals for 2021-2022 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, May 4, 2021. New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 23 Casino, 4209 West 12th Street (CUP not required). 16. Set a date of hearing for Tuesday, May 4, 2021. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 23 Casino, 4209 West 12th Street. 17. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for Sioux Falls Area Community Foundation to be operated at First Premier Bank, 500 South Minnesota Avenue, for a fundraiser on May 6, 2021. 18. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Malt Beverage License for Falls Area Single Track to be operated at the Great Outdoor Store, 201 East 10th Street, for a fundraiser on May 22, 2021. 19. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Malt Beverage License for Fernson Brewing Company to be operated at Great Outdoor Store, 201 East 10th Street, for a Gear & Beer event on May 22, 2021. 20. Set a date of hearing for Tuesday, May 4, 2021. Special One Day Malt Beverage License and Special One-Day Wine License for Downtown Sioux Falls Inc., to be operated at 8th & Railroad Centre parking lot, 401 East 8th Street, for an East Bank block party on June 4, 2021. 21. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for Red Rock Bar & Grill Inc. to be operated at 4800 North Career Avenue, for Porkapalooza on June 4 & 5, 2021. 22. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for TNT Entertainment to be operated at Albert House Parking Lot, 337 North Phillips Avenue, for a concert on July 16, 2021. REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 24. New 2021 Retail Wine & Cider License for Da Clique Sports Bar & Grill LLC, 114 North Indiana Avenue, with Conditional Use Permit (13338-2020) being approved on December 2, 2020. 25. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Myrmoe Enterprises Inc., Casino 26, 3301 East 26th Street (CUP not required). 26. Request to add video lottery terminals with the new 2020-21 Retail Malt Beverage/SD Farm Wine License for Myrmoe Enterprises Inc., Casino 26, 3301 East 26th Street. 27. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License from Poke Picks SD LLC, 323 South Phillips Ave, Suite B, to Fancy Bowl LLC, 323 South Phillips Avenue, Suite B (CUP not required). 28. New 2021 Retail Restaurant On-Sale Liquor License for Interstate House of Pancakes Inc., Tre Lounge, 601 West 33rd Street (CUP not required). 29. New 2021 Retail Wine & Cider License for Interstate House of Pancakes Inc., Tre Lounge, 601 West 33rd Street (CUP not required). 30. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Interstate House of Pancakes Inc., Tre Lounge, 601 West 33rd Street (CUP not required). 31. Special One-Day Malt Beverage License and Special One-Day Wine License for the Sioux Falls Area Community Foundation to be operated at First Premier Bank, 500 South Minnesota Avenue, for a fundraiser on May 6, 2021. 32. Special One-Day Malt Beverage License for Friends of the Big Sioux River to be operated at Cherapa Place east parking lot, 300 Cherapa Place, for the 605 Summer Classic on June 19, 2021. 33. Special One-Day Wine License for the Zoological Society to be operated at the Great Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for special events on May 6 and 8, 2021. 34. Special One-Day Liquor Licenses for T Slat Inc., JJ’s Wine, Spirits & Cigars, to be operated at the Sanford Event Barn, 2510 East 54th Street North, for wedding receptions on May 1, 8 and 29, 2021. 35. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits & Cigars to be operated at Open Space, 6212 South Pinnacle Place, for a wedding reception on May 21, 2021. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (General - Transfers to Sales/Use Tax Fund, $10,650,000; Parks, $6,650,000; Highway and Streets, $4,000,000; Health, $500,000) Sponsor: Mayor 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO “A CONDITIONAL GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF A PORTION OF FALLS PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE SIOUX FALLS AREA COMMUNITY FOUNDATION. Sponsor: Mayor 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS TO FUND THE PARKS AND RECREATION AQUATICS PROGRAM. (Parks, $250,000) Sponsor: Mayor 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT FOR USE OF PUBLIC PARKING FACILITIES WITH SIOUX FALLS II FGF, LLC. Sponsor: Mayor ORDINANCE FIRST READINGS 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1200-1202 E. 6TH ST. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13884-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Brandon Ness 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5800 E. 26TH ST. FROM THE O OFFICE DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 13886-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1308 E. DIKE DR. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 13945-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): RCM Services Inc. – Paul Reynolds 43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. SIX MILE RD. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 13946-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Sponsor: Mayor 44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 915, 921, AND 923 N. BLAUVELT AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13964-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Affordable Housing Solutions – Brent Tucker 45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 316 N. WESTERN AVE. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 13983-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Veterans Community Project - Ben Hendershot 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 617 E. 29TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 14012-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Brook Van Gundy 47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 800 S. EBENEZER AVE. FROM THE C-4 COMMERCIAL— REGIONAL DISTRICT TO THE MH MANUFACTURED RESIDENTIAL HOUSING DISTRICT, NO. 14019-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Marion Community MHP LLC – Graham Belchers 48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. BENSON RD. AND WEST OF N. MARION RD. FROM THE PO-PUD PEDESTRIAN-ORIENTED PUD DISTRICT TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY AND RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICTS, NO. 14007-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0) with the following condition(s): 1) Require one evergreen tree every 40' with a deciduous tree between each evergreen tree along the NW property line that abuts the RD-1, Twin Home/Duplex Residential- Suburban District. Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Private Applicant(s): Cresten Capital Holdings – Erica Mullaly 49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A MASTER LICENSE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND NEW CINGULAR WIRELESS PCS, LLC, D/B/A AT&T, FOR THE INSTALLATION AND MAINTENANCE OF POLES AND SMALL CELL EQUIPMENT IN CITY RIGHTS-OF-WAY. Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Sponsor: Mayor 50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 77: PARKING REGULATIONS, SUBCHAPTER: PUBLIC PARKING ADVISORY BOARD. Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021. Sponsors: Council Members Kiley and Erickson HEARINGS AND RESOLUTIONS 51. A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. (Public Works - Highways and Streets; Parks and Recreation). Sponsor: Mayor NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT The City Council may include such other business as may come before this body. UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.

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